A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 18, 2007, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act in the Chungcheong District Court's Assistance on Cheongju on May 18, 2007, and on May 30, 2014, the Defendant was issued a summary order of KRW 3 million for the same crime in the same court.

On November 28, 2019, at around 09:51, the Defendant driven a ER car under the influence of alcohol with approximately 10km alcohol concentration of about 0.076% in the section of about 10km from the roads adjacent to C in Chungcheong City B to the front of D in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Criminal records: Criminal records, reply reports (A), investigation reports (reports on the confirmation of the same kind of power), and application of Acts and subordinate statutes governing summary orders;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Determination of imprisonment is made in consideration of the fact that a large number of reasons for sentencing under Article 62(1) of the Criminal Act, including blood alcohol concentration, night driving, night driving, period of recidivism, circumstances after the crime is committed, criminal records, and other factors of sentencing, and the execution of the sentence is suspended within the scope of discretionary mitigation.